Statutes / Laws

Navigation

Full Site Search

Loading...

The navigation select boxes below will direct you to the selected page when you hit enter.

Topical Explanations

Primary Legal Materials

Select by Subject

Select by Species

Select Administrative Topic


World Law

Secondary Legal Materials

Great Apes and the Law

Great Apes and the Law

Maps of State Laws

Map of USA
Share |
Montana

West's Montana Code Annotated. Title 87. Fish and Wildlife. Chapter 4. Commercial Activities. Part 8. Menageries and Zoos

Statute Details
Printable Version
Citation: MT ST 87-4-801 to 87-4-808

Citation: MCA 87-4-801 to 87-4-808


Last Checked by Web Center Staff: 01/2013

Summary:   This set of Montana laws covers both "roadside menagerie" (any place where one or more wild animals are kept in captivity for the evident purpose of exhibition or attracting trade, excluding an educational institution or a traveling theatrical exhibition or circus based outside of Montana) and "wild animal menagerie" (any place where one or more bears or large cats, including cougars, lions, tigers, jaguars, leopards, pumas, cheetahs, ocelots, and hybrids of those large cats are kept in captivity for use other than public exhibition). The latter definition seems to cover the keeping of those listed species as exotic pets. Under the section, it is unlawful for any person to operate a roadside menagerie or wild animal menagerie without a permit. The annual permit fee for five or less animals is $10. The annual permit fee for more than five animals is $25.


Statute in Full:

 (See also Administrative Rules of Montana. Title 12. Department of Fish, Wildlife and Parks. Chapter 6. Enforcement Division. Sub-chapter 22. Exotic Wildlife)

Title 87. Fish and Wildlife. Chapter 4. Commercial Activities. Part 8. Menageries and Zoos

87-4-801. Definitions

87-4-802. Department regulations

87-4-803. Permits

87-4-804. Permit to obtain wild animals

87-4-805. Repealed by Laws 1999, ch. 322, § 8

87-4-806. Inspection, permit revocation, and redemption of wildlife

87-4-807. Enforcement and penalty

87-4-808. Fines, bonds, penalties, and fees

 

87-4-801. Definitions

As used in this part unless the context requires otherwise, the following definitions apply:

(1) "Roadside menagerie" means any place where one or more wild animals, including birds, reptiles, and the like, are kept in captivity for the evident purpose of exhibition or attracting trade, on or off the facility premises. It does not include the exhibition of any animal by an educational institution or by a traveling theatrical exhibition or circus based outside of Montana.

(2) "Wild animal" means an animal that is wild by nature as distinguished from the common domestic animals, whether the animal was bred or reared in captivity, and includes birds and reptiles.

(3) "Wild animal menagerie" means any place where one or more bears or large cats, including cougars, lions, tigers, jaguars, leopards, pumas, cheetahs, ocelots, and hybrids of those large cats are kept in captivity for use other than public exhibition.

(4) "Zoo" means any zoological garden chartered as a nonprofit corporation by the state or any facility participating in the American zoo and aquarium association accreditation program for the purpose of exhibiting wild animals for public viewing.

Enacted by Laws 1969, ch. 130, § 1; amended by Laws 1973, ch. 511, § 45; Revised Code of Montana 1947, 26-1205; amended by Laws 1999, ch. 322, § 2.

 


87-4-802. Department regulations

The department shall adopt and enforce reasonable regulations for the housing, care, treatment, feeding, and sanitation of animals kept in roadside menageries, wild animal menageries, and zoos, for the protection of the public from injury by those animals, and for the licensing of roadside menageries, wild animal menageries, and zoos.


Enacted by Laws 1969, ch. 130, § 2; amended by Laws 1977, ch. 417, § 13; Revised Code of Montana 1947, 26-1206(2); amended by Laws 1999, ch. 322, § 3.

 

87-4-803. Permits

(1) The department may grant permits for roadside menageries, wild animal menageries, and zoos. Application for a permit must be made to the director on a form prescribed by the director. The annual permit fee for five or less animals is $10. The annual permit fee for more than five animals is $25. Permits expire on December 31 but may be renewed upon payment of the annual fee and submission of a renewal application. This section does not apply to the United States, the state of Montana, or any county or city. A person who subscribes to any false statement in application for a permit is subject to the provisions of 87-6-715 and may be denied a permit.

(2)(a) A permit application for a roadside menagerie must include:

(i) the applicant's name and address;

(ii) the exact location of the facility;

(iii) a list of species and the number of animals to be held in the facility;

(iv) the type of facility contemplated, including cage specifications;

(v) a copy of all required federal permits for exhibition of wild animals; and

(vi) a copy of a liability insurance policy to cover bodily injury or property damage.

(b) A permit application for a wild animal menagerie must include:

(i) the applicant's name and address;

(ii) the exact location of the facility, together with the nature of the applicant's title to the land, whether in fee, under lease, by contract for deed, or otherwise;

(iii) a list of species and the number of animals to be held in the facility;

(iv) the type of facility contemplated, including cage specifications; and

(v) information demonstrating that the applicant is responsible.

(c) A permit application for a zoo must include:

(i) the applicant's name and address;

(ii) the exact location of the facility;

(iii) a copy of the nonprofit corporation documents approved by the secretary of state's office;

(iv) a copy of the required federal permits for exhibition of wild animals; and

(v) if applicable, a copy of the American zoo and aquarium association accreditation program specific to the facility.

(3) Renewal applications for roadside menageries and wild animal menageries must include an accounting of all wild animals on the facility.

(4) A permit may not be granted by the department until it has satisfactorily verified that the provisions for housing and caring for the animals and for protecting the public are proper and adequate and in accordance with the standards established by the department.

(5) A permit is not transferable to another person.

Credits
Enacted by Laws 1969, ch. 130, §§ 2, 3. Amended by Laws 1977, ch. 417, § 13; Revised Code of Montana 1947, 26-1206(1), 26-1207; amended by Laws 1999, ch. 322, § 4; amended by Laws 2011, ch. 258, § 112, eff. Oct. 1, 2011.

87-4-804. Permit to obtain wild animals

(1) It is unlawful to obtain wild animals for a roadside menagerie, wild animal menagerie, or zoo by capture from the wild or by purchase except as authorized by the department in accordance with the terms of a permit.

(2) Application for a capture permit may be made only by a zoo and must be made to the director on a form prescribed by the director. After investigation by the department, the director may issue a capture permit without charge if the director finds:

(a) that all provisions of this part and of the department regulations are complied with by the applicant; and

(b) that the number and species of wildlife desired is not excessive under the circumstances.

(3) If wild animals are to be obtained by capture for use in zoos, the permit must designate the number and the means of capture, but ownership of the wild animals captured shall remain in the state of Montana.

(4) Roadside menageries, wild animal menageries, and zoos may obtain captive-bred wild animals from a licensed zoo, menagerie, alternative livestock ranch, fur farm, game bird farm, or animal rehabilitation center.

(5) Wild animals may be bought, sold, or transferred under regulations that the department prescribes.

(6) The number of wild animals in a wild animal menagerie may not exceed 10.

Enacted by Laws 1969, ch. 130, § 4; amended by Laws 1977, ch. 417, § 13; Revised Code of Montana 1947, 26-1208; amended by Laws 1999, ch. 322, § 5. (5) and (6) Enacted by Laws 1999, ch. 322, § 7.

 

87-4-805. Repealed by Laws 1999, ch. 322, § 8

 

87-4-806. Inspection, permit revocation, and redemption of wildlife

All roadside menageries, wild animal menageries, and zoos and all equipment used in connection with any roadside menagerie, wild animal menagerie, or zoo must be open to inspection at all reasonable hours. If upon inspection it is found that the roadside menagerie, wild animal menagerie, or zoo is not being operated in accordance with this part or with the department regulations, the director shall revoke the permit without right of renewal and shall redeem possession of all wildlife obtained by capture or unlawful propagation.

Enacted by Laws 1969, ch. 130, § 6; amended by Laws 1977, ch. 417, § 13; Revised Code of Montana 1947, 26-1210; amended by Laws 1999, ch. 322, § 6.

 

87-4-807. Enforcement and penalty

(1) The provisions of this part must be enforced by any warden or any other legally authorized officer. Any person violating the provisions of this part shall upon conviction be punished as provided in 87-6-715, and at the discretion of the court, the permit and all rights and privileges inherent in the permit may be forfeited.

(2) Any animals being kept in violation of any section of this part may be confiscated or ordered disposed of at the discretion of the director. The permittee may appeal to the commission within 20 days of the date of the order to confiscate, and the commission shall hold a hearing on an appeal. The decision of the commission is final.

Credits
Enacted by Laws 1969, ch. 130, § 7. Amended by Laws 1977, ch. 465, § 5; Revised Code of Montana 1947, 26-1211; amended by Laws 2011, ch. 258, § 113, eff. Oct. 1, 2011

 

87-4-808. Fines, bonds, penalties, and fees

Fines, bonds, or penalties, except those obtained by a justice's court, shall be administered and disposed of in accordance with the provisions of 87-1- 601. Fees obtained under this part must be deposited with the department of revenue and credited to the state special revenue fund, fish and game account.

Enacted by Laws 1969, ch. 130, § 8; amended by Laws 1973, ch. 511, § 46; Revised Code of Montana 1947, 26-1212; amended by Laws 1983, ch. 277, § 1; amended by Laws 1987, ch. 557, § 63; amended by Laws 2001, ch. 257, § 46.

LIBRARY REFERENCES

 



Top of Page
Share |